Order 4

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: CS (COMM.) 743/23
REXAN APPLIANCES PVT. LTD.
VS.
TIRHUT ELECTRICALS
12.07.2024
Present: Sh. Hitesh Chhabra, Ld. Counsel for Plaintiff.
Sh. Abhishek, Advocate (in person) and Sh.
Subhyasachi Mishra, Advocate (appearing through
VC), Ld. Counsels for Defendant.
WS filed. Copy supplied.
Replication filed. Copy supplied.
Pleadings are complete.
In view of the pleadings of the parties, following
issues are framed:
(1) Whether the Plaintiff is entitled to Decree in the sum
of Rs.4,32,914/- as prayed for? .... OPP
(2) Whether the Plaintiff is entitled to any interest and if
so, at what rate, at what amount and for what period? …. OPP
(3) Relief.
No other issue arises or is pressed by the parties from
the pleadings.
The parties are directed to file their respective list of
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witnesses within two weeks from today and get the same
approved from the court before examination of the witnesses.
The parties are also directed to file their respective affidavits of
witnesses within two weeks from today. Advance copies of the
same be exchanged between the parties. In default, a cost of
Rs.10,000/- shall be deemed to have been imposed on the
defaulting party.
To achieve timely and expedient disposal of this case,
a decision is arrived at for recording of evidence by way of Court
Commissioner as provided under Order 15A Rule 6 (l) of the
Commercial Courts Act and Order XXVI Rule 4A read with
Order 18 Rule 4 CPC. Evidence in this case shall be recorded
before Ld. Local Commissioner Ms. Punam Sharma, Advocate
(Enrl. No.D-563/07& Mob.9868073290) at the earliest. The
terms of the assignment are as under:
(1) The evidence shall be recorded in this Court premises and
Ahlmad/Assistant Ahlmad shall make available the court file to
the LC while recording the evidence and the parties are required
to pay a sum of Rs.500/- per hearing to the Ahlmad/Assistant
Ahlmad for making available the file.
(2) Ld. Local Commissioner shall administer oath to the
witness under examination as per the Oaths Act.
(3) The evidence shall be preferably typed on a paper or in
case of non availability, the same shall be neatly hand written.
(4) Ld. Local Commissioner shall comply with the provisions
of Order 18 Rule 4 CPC while recording the evidences of the
witnesses.
(5) The documents shall be exhibited but in case of any
objection to the exhibition of documents by the either side the
same shall be recorded by the Local Commissioner.
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(6) On the request of Ld. Counsel, cross examining the
witness, portions of deposition may be recorded in question
answer form.
(7) All the objections raised during cross-examination/re-
examination shall be recorded in the deposition under the title
objections and shall be left open for the decision of the Court at
the stage of final arguments. Witness shall not refuse to the
answer the question raised.
(8) In case Ld. Commissioner finds any question not related
to the fact and issue, he shall record his objection but shall allow
the question to be put and witness must answer.
(9) Remuneration fee for recording of evidence is fixed at
Rs.10,000/- for each, main/public witness and Rs.5,000/- each for
official witnesses, which shall be paid to Ld. LC in advance, by
the respective party. The stenographer be arranged by LC and the
actual cost of typing shall be paid by the plaintiff/defendant to
Ld. LC (upto Rs.1000/- per witness). Further, in case any
adjournment is sought by either of the parties, the fees of Ld. LC
of that particular day shall be paid by the party seeking
adjournment.
Parties are directed to appear before Ld. Local
Commissioner for recording of evidence. The Ld. LC may fix
other date of recording of evidence in consultation with the
parties, and to conclude the evidence prior to final arguments.
Report be filed by Ld. Local Commissioner on or
before 29.08.2024 and put up for final arguments on 05.09.2024.
The Ld. Counsel for the parties are permitted to file
their respective written arguments by 29.08.2024. Advance
copies of the same be exchanged between the parties, at least two
days, prior to the date fixed for final arguments.
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A copy of this order be sent to Local Commissioner
Ms. Punam Sharma, Advocate (Enrl. No.D-563/07&
Mob.9868073290) and be also given dasti to the Counsel for the
plaintiff Sh. Hitesh Chhabra (Mob.9711564730) and Counsel for
defendant Sh. Subhyasachi Mishra and Sh. Abhishek (Mobile
No.9999699147) for information and necessary compliance.
(GORAKH NATH PANDEY)
District Judge (Commercial Court)
North:Rohini:Delhi/12.07.2024
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